1928-03-31 — Page 4

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THE HONG KONG DAILY PRESS, SATURDAY, MARCH 31st, 1928.

LAW OF EXTRADITION.

ILLEGAL DETENTION ALLEGED.

MAGISTRATE'S RIGHTS QUESTIONED.

· Further legal arguments on behalf of his application for a writ of habeas corpus in favour of the two criminal fugitives from Tung" - - Koon village were advanced by Mr. Hin Shing Lo, counsel for the prisoners, et yesterday's hearing, before the Puise Judge. He contended that the Magistrate had exceeded his rights in trying the fugitives. The Police were also criticised for detaining the men for an unduly long period. Counsel submitted that a long detention" was illegal,

Another point raised was that the onus of proving that the fugitives were nationals of China rested with the Crown, and that if the Crown was satisfied that they were nationals of China, they therefore could not be the subjects of Marshal Li Tsai Haip, "You' "can't have it both was counsel's contention.

ESCAPE FROM VIC- CORRESPONDENCE.

TORIA GAOL.

OVER THE ROOFS."

MAN HELD FOR SAMPAN CRIME

For the second time within

U..

A FEW REFLECTIONS ON

Our plan

THE SERVANT PROBLEM. puts an

-[TO THE EDITOR OF THE “ HONG KONG

DAILY FREE"]

Sta-Local residents are at a

Orthophonic Victrola within

period of about one year a prisoner decided disadvantage in dealing Your in Victoria Gaol has shown his with their employees such a breach warders a clean pair of heels. The coolics, amahs, etc. Today it is man effected his escape early yes. practically impossible to get a ser- terday morning and the discovery vant who was not in Canton, during was made alter daylight when his the strike period and who, thure- cell was found to be empty. A hole fore, is unable to give reference for

those years.. in the roof indicated the means of exit.

From time to time as new resiu

i

༤༢

both way His Lordship Can you quote any was in custody pending the hearing their efforts to obtain suitable

The prisoner was Chan Tim, who cats come to the Colony and in

The Case Of The Tung Kook

** Fugitives." The adjourned hearing of the habeas corpus application on behalf of the two criminal fugitives from the Tung Koon district, who were charged, with murder, kidnapping and armed robberr, was continued yesterday before Mr. Justice J. Wood at the Supreme Court.

onus is on the Crown authority or ruling to say that the Mr. Hin Shi Lo: Yes, but I cannot get it off hand,

His Lordship: My recollection is that originally the onus was on the Crown but now the amendment has made it the other way round...

Mr. Hin Shing Lo went on to My Hin Shing Lo, instructed by argue that if the fugitives were Messrs. Lee and Russ, appeared for nationals of China, they could not the prisoners, and the case for the be the subjects of Marshal Li Tsai Crown was conducted by Mr. Somer-Hsin." You can't have it both set Fitzroy.

way, my Lord," counsel added. Mr. Hin Shing Lo's arguments yesterday were that the fugitives had been arrested in September last, and should have been discharg

ed on three distinct occasions.

consequently resulted in wholesale

of charges of armed robbery and servanta they make offers more than murder against him. Three men represent employers are prepared to cently boarded a tampan at the advantage which servants

the middle of the harbour, they pro leaving of servants without giving Mongkok Ferry Wharf and while in a quick to seize apon; this has

duced a revolver and daggers and started to rob the boat woman give a month's notice or salary in notice. Legally one is supposed to During the affray the sampan cap leur the employee, likewise, is sized and one of the children on under a similar restriction, viz., he board was drowned. Defendant must give a month's notice or pay who was later found on a junk, was his employer a month's salary. identified as one of the robbers and arrested.

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Unfortunately, most employers are themselves servants of the Cov-book-one that is im detrimental to them to be concern cinment or large firmis; it is thus]

ed in any publicity which ensues even if cases taken to Court result in favour of the employer. From

perfect harmony with the other furnishings of your home. Visit, un soon and hear the Intest

Scaffolding Helps Escape. Chain in and apparently given Chinese nationality, remains a Chi- much consideration to his enterprise

His Lordship: A man who is of nese national even if the sent of the Government had changed to and had made a sufficiently strong He said that four months after another province.. I still hold that rope out of his blanket to help him the arrest, the Magistrate was call the onus of proving this to the con- overcome many of the obstacles experience local servants have been 1.`shlisation. ....

know their own affairs better than which were in the way. Scaffolding quick to seize upon the advantages trary rest with the prisoners. They the Crown.

erected for repair work inside the these facts give them. They have

Victor Records on the model you lika best. No

from the sovereignty of a state, The requisition was irregular, Mr. prison also assisted him and the found that an employer will, in nine S. Moutrie & Co., Ltd.

Official Gleanings

As matters now stand servants are able to impose disadvantageous terms upon their employers, against When seen by a representative of which the latter have no redress the Daily Preis, Mr. J. W. Franks, Superintendent of the Victoria except through taking same to Gaol, said that he was hardly in a Court. As stated before, this net ment at the moment, as the whole position to make any official state is impossible to 75 per cent Sof

ed upon to do his duty. The right to extradite was dependent upon treaties and that right must come which state must be a power signa Hin Shing Lo argued, because no rope enabled him to let himself cases out of ten, allow them to leave tory to the treaty. The requesting less than seven charges were framed state must show that the Hong against the fugitives in the requisi- down into a narrow yard on one at a moment's notice without any Kong Government was ander treaty tion, and all, excepting one, were side of which are the detention compensation or without checking obligations to surrender a fugitive, not proceeded with. The fugitives cells and charge room of the Central of inventories before e new servant Hin Shing Lo said that he were tried for one offence and on Police Station and on the other is taken—a lack of attention which could prove that on January 21st that offence they were committed. when the Magistrate was first asked The requisition was irregular for blank wall. Using the rope again, costs many employers dear. to issue a warrant, the two fugitives that reason,

he got over the wall into Old Bailey were then ander unlawful custody." In addition to this, the Hong Kong and made his escape. When they were brought before the Police and the Hong Kong Govern- Magistrate, it was his duty to ment took proceedings against the ascertain whether or not the men prisoners on the information of a were under lawful detention. The private individual, long before the Magistrate had failed to do so, and requisition reached them, and with the fugitives were therefore entitled deference to the Court, counsel sub-

Historp pointed out that

mitted, no extradition proceedings the Magistrate had no power to dividual.. discharge the fugitives on January 1st. The only point to consider was whether the period between January 21st and the date of their committal, they should have been discharged and whether the Gover nor's order had reached the Magis trate within a reasonable time,

Mr. Ein Shing Lo disagreed, say ing that once his Lordship had agreed that the two fugitives were in unlawful custody prior to that "date"MW AGENT

A Political Offence.

Mr. Hin Shang Lo submitted that the offence, if there was one, was of a purely political nature, and that being so the fugitive could not

matter would have to be carefully the local residents in view of the and thoroughly investigated. How-publicity which is given and which ever, some useful information was is frowned upon by the large firms gathered from him by our represen and Government service. tatives

prisoner escaped before daylight, occasion to charge a cook who had, Some years ago the writer bad As has already been stated, the or be surrendered. He said that the The alarm was given when the dis for months, been taking each day fugitives had got admitted to the cavery was made in the morning shooting, and he could produce the and the prison was immediately a portion of Dairy Farm butter and affidavits of three witnesses to show that the fugitives left their native surrounded by Chinese constables other products then selling same to village on account of political rea-officers also searched every nook

and detectives while Europeana helpful compradore who was glad,

sons, A

Eis Lordship: Can you produce evidence on this point,

teis Lordship: Í have not agreed. I have only assumed it.

Mr. Hin Shing Lò: I think I am entitled, if you have assumed it, to affidavits of the three witnesses Mr. Hin Shing Lo: I have the go into the legality of the custody here.

vitness Continuing, Mr. Hia Shing Lo said that two more opportunities His Lordship: Mr. Fitzroy, do were given the Magistrate" to en-rou suggest that I can look at the quire into the fugitives detention affidavits when they were brought before the Mr. Fitzroy: Yes,. Police Court on January 22nd and is entitled to do so February 2nd. The complaint was that had the Magistrate fully appre ciated the circumstances of the case, he would have discharged them.

His Lordship Is this your point. That the Magistrate should have taken into consideration their pre-

vions detention. Yes." "

Lordship

After referring to several autho rities, his Lordship said he could. not look at the affidavits, as they were matters collateral to the enquiry and not matters for the ex- quiry. His Lordship decided to bear evidence the called from a

Evidence was

and corner for any possibility of of the co-operation, Ultimately, the prisoner being in hiding. Later things got so bad that the writer the manner of his final exit was only had to risk the publicity of a court too apparent.

Jumped From Boot To Roof,

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case for the sake of principles. The The Food of Life The hole made by the prisoner in bay received a somewhat heavy,

the tile roof of the cell, in the sentence, but not before it was opinion of Mr. Franks, was too proved from his record, that he had all to admit e normal man, but been given six months' imprison- the prisoner had somehow managed ment and banishment from the to wriggle through it is

Having gained the roof, Mr. Colony previously for similar acts Franks thinks that the prisoner must at a local hospital; the banishment have jumped to the roof of the sentence meant nothing for bir adjoining building, this being quite possible as the two buildings are partial remedy for this regret- not far apart. This course was table state of affairs is a registration adopted as there would be less risk net for servants a question which who would not be looking up at the has been agitated upon for years roots of the buildings. Further, the and died out in view of the apathy scaffolding on the side of the second of the powers that be. Conditions building from the Old Bailey yard provided a safe means of descent are now so bad that there are many without being observed, instances where local residents have Once the prisoner reached the taken servants from French terzi

His Lordship: I do not think farmer of the Wun Kong village in that the Magistrate ought to have the district of Tung Koon, who said taken that into consideration. that he knew the fugitives and was Counsel replied that surely it was also aware that they were accused not an ordinary criminal case where of armed robbery, shooting and a Magistrate could issue a warrant kidnapping. He knew that there of arrest. His submission was that was trouble between the fugitives the Magistrate had full knowledge and the commander of the Vilage of what the case was going to be People's Yolunteer Corps from the evidence laid before him Witness then went on to give evi- before the warrant could be issued.dence as to what had happened in Under the circumstances, Counsel the village similar to that stated said, the Court now had the right at the Police Court proceedings. The usual notice to Police Stations service. A recent instance came to to consider the circumstances, wo His Lordship after hearing the Continuing, Mr. Hin Bhing Lo evidence pointed out to Mr. Hin said that where a Magistrate had Shing Lo that the evidence did not failed to act in accordance with any establish political motive, and ask part of the Ordinance, the higher ed Mr. Lo if he had any further Court had the right to discharge the ground to submits; p. fugitives The fugitives had been unlawfully detained, and for that reason they should be now dis charged, and

Mr. Hin Shing Lo said that the fugitives were not in legal custody on January 21st, and there was an other illegality on the part of the police in detaining the men too long, as a long detention was in itself illegal, end

In support of the seventh ground m his afldavit, Mr. Hin Shing Lo said that the onus of proving that the fugitives were nationale of The case was then adjourned until China rested with the Crown. ... Monday morning, s

HEALTH BULLETIN OF EASTERN PORTE

|--The-Health Bulletin for Eastern Ports for the week ending March 24th plates

see Plague. Suez: 4 cases, infected rats, -Aden: 166 cares., 146 deaths.

Bresein 5 deather Bombay #11 deaths, Rangoon deaths) Singapore: 1 case, 1 death Cheribon: 2 infected rats.

Cholera

Bassein 4 deathe Calcutta199, deathi

Madras: 2 death. Moakmein 4 4 deaths. Rangoont deaths, Singapore 1 case 1 death. Bangkok: 12 cores, 5 deathr Saigon 13 casen 8 deaths. Uanton-1 case, 1 "death,---

"Besrah. 1. case, 1 death. --

Bombay 38 cases, 33 deaths. Calcutta: 96 cázen, 21 deaths. Madras: 27 caser, 3 deaths Rangoon: 82 cases, 17 deaths. Pondicherry cases, 4 deaths. Colombo 1 death, Bandjermania · ¶ canes. Shanghai: cases, plea Canton":"2 cased Shimanostki : 1. case.

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Good Health

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ground he had many ways of escape tory, where the latter are register A. B. MOULDER & CO. and the is no doubt that the rope ed, as a result of which boys are, which the man hade made out of in case of necessity, promptly traced his blanket helped him in surmount by their documents which are given ing the last, barrier to the employer when commencing had been circulated but the sys the writer's knowledge whereby such tematic search made all round the a boy, after taking some of his em Colony and across the barbour have ployer's goods fled to Canton: he so far failed to find any trace of the was held there by the French prisoner.

Authorities, being unable to disclose Previous Escapes,

his papers; an enquiry back to Hong On Derby race day last year four Kong revealed the facts as a result prisoners made their escape in the of which he was arrested. afternoon, but three of them were Another check would be effected recaptured in Canton with the help if cases between servant and em- of the Chinese authorities The ployer were judged informally be escaped prisoners wrote a letter to fores magistrate. If this were the local Chinese Chamber of Com done, two thirds of the cases could merce asking them to press for be settled without going into Court. certain reforme, in the prison con. Ar frequently, misunderstanding is ditions. Although no address was the cause of difficulties the servants given in the letter, raids on likely would not inck justice nor would haunts in Canton resulted in three the employer, shirk bringing caZEE of the men heing found. They are knowing that publicity would not be now back in the same prison. The given.

fourth man was stated to have been. Either registration or the latter shot while engaged in looting during method would help considerably, to the Canton uprisingstageALE mitigate the evile now existing and

It was one of these three prison-¡ if both of them were put into opera- ers who in 1924 with another man tion then the employer would stand- mide Fan: attemptats "etcape by Boris chance of obtaining servants digging a tunnel under his cell with with legitimate references rather the hope of gaining Chancery Lane, than those who have merely bors Unfortunately for the pair, Warder rowed references or received them West nipped the plot in the bad. | temporarily for small payment;

It will be recalled that shortly now one does not know whom on

before their execution two of the Fis employing; the servant may be Bunning picates made a bid for a Bolshevik, an ex-convict, or, if the freedom, snatching a pistol from an employer is especially fortmate, a Indian warder and cæcaping from good servant, "worthy and satisfac- their cells. The alarm was given tory-Yours truly, and they surrenderøene an

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